Draft a Plaint in a Suit Enforcement of a Simple Mortgage – Sample

In the

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of the Civil Judge at Allahabad

Suit No……. of 1951

A, son of……….. Caste………… resident of………..

Allahabad…………. Plaintiff.

B, son of……….. Caste

Allahabad…….

The plaintiff aforesaid begs to state as follows:

(1) That the plaintiff is the mortgagee of the property sought to be sold and the defendant is the mortgagor.

(2) That the following are the particulars of the mortgage:

(a) Date—May 10, 1943.

(b) Name of mortgagor—B.

(c) Name of mortgagee—A.

(d) Sum secured—Rs. 4,000.

(e) Rate of interest—8 per cent, per annum.

(f) Property subject to mortgage—House No. 2, Khushal Parbat, Allahabad.

(g) Amount due—Rs. 4,500.

(3) That the cause of action for the suit arose on May 10, 1943, the date of the mortgage.

(4) That the property mortgaged is situate within the local limits of the jurisdiction of the court.

(5) That the valuation of the suit for purpose of jurisdiction and the court fee is Rs. 4,500.

Relief:

The plaintiff claims:

(a) Payment of Rs. 4,500, with interest from the date of the suit to that of payment and in default sale of the mortgaged property detailed above.

(b) In case the proceeds of the sale are found to be insufficient for the amount due under the decree leave may be given to the plaintiff to apply for a decree for the balance under Order 34, Rule 6, of the Code of Civil Procedure.

Verification:

I, A, do verify that the facts stated in paragraphs 1 and 2 of the above plaint are true to my personal knowledge and the contents of paragraphs 3 to 5 are believed by me on information received to be correct. I append my signature to this verification at Allahabad on July 1, 1951.

Sd. Gopalji Tandon (Sd.) A

Resident of Defendant.

Advocate.